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What is NYC BC § 3301.13.7?

Quick Answer

This section outlines the duties of construction superintendents, including maintaining a safe job site, ensuring compliance with approved documents, and visiting the job site daily when active work is occurring. The statute applies to construction superintendents responsible for job site safety and compliance.

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3301.13.7 Duties of construction superintendents.

BC § 3301.13.7

The duties of a construction superintendent shall include: 1. Acting in a reasonable and responsible manner to maintain a safe job site and ensure compliance with this chapter and any rules promulgated thereunder at each job site for which the construction superintendent is responsible; 2. To the extent that a registered design professional or special inspection agency is not responsible, the construction superintendent must ensure compliance with the approved documents at each job site for which the construction superintendent is responsible; 3. Fulfilling the duties of a superintendent of construction assigned by Chapter 1 of Title 28 of the Administrative Code at each job site for which the construction superintendent is responsible; and 4. Visiting each job site for which the construction superintendent is responsible each day when active work is occurring; or, beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, being present at the job site for which the construction superintendent is responsible during all times when active work is occurring. Exception: The construction superintendent is not required to be present at the site during the following activities, provided no other work is in progress: 1. Surveying that does not involve the disturbance of material, structure, or earth; 2. Use of a hoist exterior to the building to transport personnel only; 3. Use of a hoist that is fully enclosed within the perimeter of the building to transport personnel or material; 4. Work limited to finish troweling of concrete floors; 5. Work limited to providing the site with temporary heat, light, or water; 6. Truck deliveries to the site, provided the delivery occurs within the site while the gate is closed and flagpersons are provided to direct traffic while the truck is entering and exiting the site; 7. Painting; or 8. Landscaping that does not involve the disturbance of material, structure, or earth. (Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077

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